Jakarta, IO – Trafficking in persons (TIP) is a global and widespread crime. Generally, it takes the form of human smuggling using violence, deception, or even coercion, by controlling the victims for the purpose of prostitution or illegal labor.
Because the impact is immense, every July 30 the world commemorates the “Day Against Trafficking in Persons” in order to raise public awareness on the danger and seriousness of this crime. This awareness campaign must continue to be carried out massively and systemically at all levels of society, so that there is a collective public awareness to push back against the growing scourge.
From what we have seen so far, it is safe to assume that the awareness campaign has yet to yield satisfactory results. TIP cases continue to surface online and in print media coverage, either at regional, national or international levels. And this has been going on for a long time, dating back to the ancient civilizations and the colonial era, where human beings were treated as a tradable commodity. Today, it is merely redesignated as human trafficking or modern slavery.
TIP is a very serious violation of human rights as it robs human of their dignity. Today, human trafficking is perpetrated by highly organized and unorganized crime syndicates, either transnational or domestic. This has become a threat to society and the nation.
Due to the enormity of the scale and impact, the state has tried to be one step ahead, in a bid to anticipate, prevent and overcome this complex problem. One of the solutions was the passage of Law 21/2007 on the eradication of the criminal act of Trafficking in Persons (PTPPO Law).
It stipulates TIP as the act of recruitment, transportation, harboring, sending, transfer, or receipt of a person by means of threat or use of force, abduction, incarceration, fraud, deception, the abuse of power or a position of vulnerability, debt bondage or the giving or receiving of payments or benefits to achieve the consent of a person having control over another, whether committed within the country or cross-border, for the purpose of exploitation or which causes the exploitation of a person.
According to Syamsuddin Aziz in his book “Special Crimes”, TIP constitutes several elements. First, the perpetrator, namely an individual or a corporation. Second, sequence of actions from recruitment to receipt.
Third, method in the form of certain acts carried out to ensure the process can be carried out, as described in the definition above. Fourth, purpose/intent which is to exploit fellow human beings for commercial gain.
Today, human trafficking has become more sophisticated. It has made organ trade – which has increased in frequency – easier. Failure to carry out preventive-promotive health has resulted in a growing number of kidney patients. According to social security agency BPJS Kesehatan, its total spending for kidney diseases in 2022 was Rp2.15 trillion for 1,322,798 cases.
Health Ministerial Regulation (Permenkes) 38/2016 on transplantation of organs has prompted a high demand for kidney transplants. Moreover, Article 39(4) of this allows organ transplants to be funded by the National Health Insurance (JKN) program.
The increasing demand for kidneys is particularly driven by patients with chronic kidney failure who have to endure long queues to get donors legally, thus diminishing their chance of survival. In this situation, they may be tempted to acquire a kidney by illegal means.
According to Article 24 of Permenkes 38, in order to be registered as a potential recipient, each patient or their family must register with the National Transplant Committee or its representatives in the provinces, and meet the various requirements as set out in the regulation.
The National Transplant Committee is responsible for managing an organ transplant database, which provides information related to organ transplant operations, while serving as a forum and means of communication for the public and hospitals.